AG Nessel, Governor Whitmer Sue Trump Administration Again to Stop Illegal Tariffs

LANSING – Michigan Attorney General Dana Nessel and Governor Gretchen Whitmer today joined a coalition of 25 states in filing a lawsuit (PDF) against the Trump administration’s latest effort to impose illegal tariffs on American consumers and businesses. The case challenges the administration’s recent decision to impose tariffs on more than 80 countries that together account for 99.4% of all U.S. imports — costs that will be passed along to Americans already struggling to pay the price of essential consumer goods.

“When courts strike down their illegal tariff policy not once but twice, you would think that this administration would take the hint,” said Attorney General Nessel. “Now, the federal government is back a third time, trying to make families pay for the President’s failed agenda. We’ve blocked the Trump administration before and will do so again to keep money in the pockets of Michiganders.”

“These irresponsible tariff policies are jacking up costs on gas, goods, and groceries for all Michiganders,” said Governor Gretchen Whitmer. “This new action by the U.S. Trade Representative, on behalf of the Trump administration, is a thinly veiled attempt to extend unnecessary tariffs on more than 80 countries, which will continue to raise prices for our consumers. I’m proud that Michigan is joining 24 other states in a lawsuit against this action. Together, we can develop a commonsense trade policy that lowers costs, supports businesses at home, and promotes stability for working families. Let’s continue to work with our allies to get this done.”

For more than a year, President Trump has inflicted chaos on the American economy by imposing tariffs without the legal authority to do so. Initially, the President claimed that the International Emergency Economic Powers Act (IEEPA) allowed him to impose tariffs of any amount, on any product, from any country, for any length of time. In February, the Supreme Court rejected that claim, agreeing with several state attorneys general that the IEEPA tariffs were unlawful. President Trump then turned to a separate law that had never been used before — Section 122 of the Trade Act of 1974 — and announced 10 percent tariffs on most products worldwide. Attorney General Nessel joined a coalition challenging those tariffs, and in May the U.S. Court of International Trade ruled that the President acted unlawfully.

President Trump then turned to another law — Section 301 of the Trade Act of 1974 — and directed the United States Trade Representative (USTR) to investigate the European Union and 59 other countries, to determine whether those countries are doing enough to combat forced labor in global trade. Late last month, after conducting a pretextual investigation into the targeted economies, the USTR imposed 10% and 12.5% tariff rates on every economy investigated—which represent nearly every economy that trades with the U.S. In other words, instead of taking targeted actions that would combat forced labor, the USTR reached a foregone conclusion and imposed across-the-board tariffs on every economy investigated—but did not impose tariffs on other economies with well-known forced-labor problems—similar to those that courts have struck down twice before.

Today’s lawsuit challenges this latest round of tariffs. The complaint contends that these actions exceed the administration’s legal authority and violate the Administrative Procedure Act. The case was filed in the U.S. Court of International Trade and is entitled State of Oregon, et al., v. Trump, et al.

A recent analysis by researchers at the Federal Reserve Bank of New York concluded that nearly 90 percent of the costs of tariffs in 2025 were paid by American consumers and businesses. By imposing another round of price increases on American consumers and businesses, the Trump administration is tripling down on failed economic policies. For trade-dependent states like Michigan, the nation’s 5th largest importer, tariffs directly hit workers, families, and the local economy.

Joining Attorney General Nessel and Governor Whitmer in this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maryland, Maine, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Virginia, Vermont, Washington, Wisconsin, and the governors of Kentucky and Pennsylvania.

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